The right of a grandparent to see their grandchildren after a divorce should be enshrined within law, MPs have said. To read the full article click here
At present grandparents generally have to ask the court for permission to make an application for contact with a grandchild before making the application itself. The amendment which was reported as being discussed would give the grandparent the automatic right to apply to the court for the contact without having to ask for permission to do so. On the face of it this would appear to be a humane change to correct what can at present be a sad injustice with grandparents not seeing their grandchildren for years on end. Having said that , the whole area of contact with children after a divorce or separation is a relationship minefield with the adults involved – including the grandparents – often giving full rein to their highly charged emotions to the detriment of the children caught in the cross fire. There are reports of cases which make very sad reading but Parliament needs to tread very carefully before meddling with the current legislative framework as it not difficult to the family practitioner to see how more harm than good could come of this.
Time for my second blog! Given that I am currently in the Private Client department completing my second seat I thought it would be interesting to base my blog on this. Private Client work ranges from preparing Wills and Lasting Powers of Attorney to administering estates when someone passes away or dealing with a variety of trust work.
I had hoped to gain experience in this area of law as Private Client work can be very personal and I wanted the opportunity to be involved in close client matters.
I get up to all sorts being a trainee in this department, from drafting Wills and court documents to assisting in house clearances! I also get out in the community by attending house visits with my supervisor which creates a nice change of scenery from the office but also highlights the importance that everyone should have access to legal services and some of our more elderly clients that we attend at home would not be able to access these otherwise.
I have also been luckily enough to move to our Sidmouth and Budleigh offices to undergo my training in this department. Both offices are located in beautiful coastal towns which means that I can sit by the seafront on my lunch. Well when the weather is nice!
What I have found most interesting so far is the importance of creating a Will. Statistics show that over half of the people in Britain do not have a will. If you do not have a Will when you die then the distribution of your estate is determined by the rules of intestacy. It’s important that people obtain advice on this as the standard rules of intestacy may not be their intention on how their estate is to be distributed. But without a valid Will to state otherwise the intestacy rules will stand in its place.
Another problematic rule of intestacy is that there is no provision for a surviving partner who is not a spouse or civil partner. This means couples who were in a relationship and or living together, whether for 1 year or 50 years do not have an automatic right to benefit from their late partners the estate.
I have already learned so much from my seat in the Private Client Department and am looking forward to the rest of my time here, meeting with clients and perhaps enjoying the odd ice cream on the seafront during lunch.
Di Moxey and her husband had a great time at the Devon County Show, Di won the tickets following our giveaway leading up to the event. Here’s a few photos she took, the poppy display is particularly moving.
We are very much looking forward to attending Honiton Show on 2nd August, Okehampton Show on 9th August and Chagford Show on 16th August.
A challenge from an influential committee of MPs to government plans to up the limit for small claims was today welcomed by the Law Society of England and Wales.
Responding to the justice select committee report on proposed reforms to the personal injury sector Law Society deputy vice-president Simon Davis said: “We’ve been saying for a long time the changes will mean people injured through no fault of their own will struggle to get justice.
“Raising the small claims court limit to £5,000 will leave claimants unrepresented.
“It is a mistake to equate the value of a case with its complexity and to conclude that representation in so called ‘small claims’ cases is not needed. We are pleased the committee clearly recognises and shares the Law Society’s concerns.
“It is reassuring that the committee has drawn attention to the attempts by the government to portray the reforms as a bid to reduce the cost of motor insurance by tackling questionable whiplash claims.
“The committee took the view that government claims of savings to be passed from insurers to consumers ‘may be over-optimistic’, given the lack of robust evidence and the unenforceable nature of promises to reduce premiums.
“These reforms will deny people legal representation. Without legal representation claimants will end up either not bringing claims or have no choice but to go it alone. This will deny justice to thousands.”
In our submission to the select committee we outlined the extensive steps that can be required in low-value personal injury claims. We have set out an illustration of some of the issues a claimant might face when bringing a claim without proper legal representation.
The Telegraph reports: “British companies must set up internal reporting channels to bosses and the media under new EU laws to strengthen whistleblower protection brought forward after the “dieselgate” and Cambridge Analytica scandals.”
Kim McDonald comments: UK law relating to whistleblowing is detailed and well advanced offering a good degree of protection for employees who make a protected disclosure.
If and when the new proposed EU legislation becomes law it will affect business with over 50 employees who must have a 3 tiers reporting system which will ultimately strengthen the protection for employees and place a far greater duty of compliance on the employer.
On Friday 4th May, Gilbert Stephens Solicitors together with Cancer Research UK unveiled a life-size cardboard cut-out of a cancer survivor who is sharing her story to help raise awareness of the ongoing need for research.
Barbara McArthur was diagnosed with breast cancer eighteen years ago. With a long history of cancer in the family, she understands just how important cancer research is to the lives of so many. Gilbert Stephens Solicitors are supporting her in this endeavour with the unveiling of her life-size image which has taken pride of place in their Budleigh Salterton window.
Barbara said: “I was diagnosed with breast cancer in 2000. There’s been a lot of cancer in my family: my father and all four of his brothers died of cancer, but I was told there was no genetic link to mine. I had five surgeries, chemotherapy, and I also took part in a Cancer Research UK clinical trial. I survived because of the treatment which research made happen. My great niece has leukaemia but she’s surviving right now because of research. This is why I pledged a gift to Cancer Research UK.”
Cancer Research UK has partnered with solicitors nationwide to provide a will writing service that’s free to people, like Barbara, who are over 55 and want to write or update a simple will. Legacy gifts are vital to their research, forming around one third of their income. You can take advantage of this service through Gilbert Stephens Solicitors, available in all six of their branches.
Commenting on the charity, Patrick Langrishe, a partner at the Budleigh Salterton branch of Gilbert Stephens Solicitors, stated that: “we have been a loyal supporter of this important cause over the years, and we are pleased to be able to support Cancer Research UK in this way”.
Barbara added: “I am helping beat cancer right now by leaving a gift in my will to Cancer Research UK. If you are thinking about making or updating your will, please contact our team to talk about how you can do the same”.
Barbara will be at a special event at Newton Abbot Racecourse on 13th June from 12.30 to 4pm. An inspiring and fun event, supporters will hear about important research being carried out in Exeter and learn more about the research that has helped to double cancer survival in the last 40 years. They can also chat with one of the cancer nurses, and meet other supporters and cancer survivors in an informal and friendly environment. Free entry and lunch, but you need to book with Ros Fry on 01308 423805 or
In this photo from left to right are Gilbert Stephens staff with Barbara Kate Wheeler, Patrick Langrishe, Barbara McArthur, Deborah Langham, Gazelle Hill
We were delighted to host a dementia awareness seminar today at the The Mercure Exeter Southgate Hotel. Very moving hearing from those who are living with dementia and from Gina Awad who is an inspiration doing incredible work raising awareness in Exeter, all through the year not just Dementia Action Week!
We also heard from Richard Walford one of our partners in the Private Client Department explain why a Lasting Power of Attorney is so important. Richard said of the event “Gilbert Stephens LLP is very happy to support the work of the Alliance whose work is increasingly important as the number of people living with dementia increases. We are particularly pleased to have an an opportunity to bring our expertise, as solicitors, both in planning for and dealing with some of the consequences of these conditions to a wider audience.”
Throughout the summer, the Ottery St Mary Silver Band will be playing a series of evening concertson the 31st May, the 14th and 28th June and the 23rd August, sponsored by Gilbert Stephens Solicitors
The band has had a long history and is part of the musical heritage of the region. It was formed just after the First World War and, barring a hiatus during the Second World War, it has continued ever since. Today they alternate between concerts at the Institute and the Parish Church in Ottery, and the Connaught Gardens in Sidmouth as well as engagements for organisations throughout East Devon
The Ottery St Mary Silver Band is a thriving musical institution, maintaining a strong sense of history and heritage whilst also attracting new members and, through it’s ‘Brass Class’, teaching a new generation the skills and pleasure of brass band music. Led by musical director Andrew Harris the players vary in age from 11 to ‘much older’ and come from a variety of backgrounds.
By sponsoring the season of fortnightly concerts taking place in Sidmouth in May, June and August, Gilbert Stephens Solicitors hopes that many more people can experience this traditional music played in the gorgeous and picturesque setting of the Connaught Gardens.
Managing Partner at Gilbert Stephens Solicitors Terry Bastyan, who is also a member of the Silver Band says: “these concerts are vital to the local community and are a real fixture during the summer in Sidmouth. We believe in the legacy of traditional brass music to bring people together so we are pleased to sponsor these events, and look forward to hearing the Silver Band keeping the rain at bay with their music in the beautiful surroundings of Connaught Gardens”.
The concerts are free to attend and will be a mixture of traditional and more recent music played by a progressive, friendly and entertaining band.
Full details of the Ottery St Mary Silver Band summer season, including the four concerts sponsored by Gilbert Stephens Solicitors taking place in Sidmouth, can be found here:
On the 28th May at 10am on Budleigh Salterton beach, Gilbert Stephens Solicitors will be sponsoring a Pebble Building Competition in support of the 2018 Budleigh Gala Week.
Running from the 26th May to 3rd June the week will be a riot of events that has, in the past, included carnival horse racing, dog shows, a fun run and concerts.
The Budleigh Gala Week 2018 will be raising money for a variety of causes including Cats Protection, the RNLI, the RSPCA, Cancer Research UK, the FORCE Cancer Charity and the Fairlynch Museum.
Speaking about the importance of the event, Terry Bastyan, Managing Partner at Gilbert Stephens Solicitors, noted that “Budleigh Gala Week is a local institution that we at Gilbert Stephens Solicitors believe is vital not only for the charities it supports, but also for the life of the community in and around Budleigh. We are genuinely excited to be involved in the week and to help raise money for so many important causes”
The week is organised by the Budleigh Salterton Lions, a local branch of an international organisation that aims to expand the horizons of businesses to support the betterment of local communities. To date, the Budleigh Salterton Lions have raised over of three quarters of a million pounds, all donated to local charities, organisations and worthy local and, occasionally, international causes. The Gala week is central to their annual fundraising activity which is why it is so important that businesses such as Gilbert Stephens Solicitors get involved.
For more information about the events, visit the Budleigh Salterton Lions website.
We love the local country shows and so we will be again attending Honiton on 2nd August, Okehampton on 9th August and Chagford on 16th August.
Last year we gave away a 50cc mini dirt bike to a very lucky Owen, keep checking in to see what we will be giving away this year and be sure to visit our stand to enter!
Pictured Owen and his mum Tina Davey and Alastair Heron, a partner of this firm
This information does not constitute legal or financial advice and you are advised to seek the guidance of a lawyer or financial advisor to discuss your individual requirements.
